Oklahoma Statutes
Okla. Stat. tit. 82, § 105.21 (2026)
Surplus water
✓ current as of July 2026
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The owner of any works for the storage, diversion or carriage of water, which contain water in excess of his needs for irrigation or other beneficial use for which it has been appropriated, shall be required to deliver such surplus, at reasonable rates for storage or carriage, or both, as the case may be, to the parties entitled to the use of the water for beneficial purposes. In case of the refusal of such owner to deliver any such surplus water at reasonable rates as determined by the Board, he may be compelled to do so by the district court for the county in which the surplus water is to be used. Laws 1972, c. 256, § 21.
Notes of Decisions
Cited in 2
cases, 2013–2013 · leading case: Rural Water v. City of Guthrie, 325 P.3d 1 (Okla. Civ. App. 2013).
Rural Water v. City of Guthrie, 325 P.3d 1 (Okla. Civ. App. 2013). “21 states: The owner of any works for the storage, diversion or carriage of water, which contain water in excess of his needs for irrigation or other beneficial use for which it has been appropriated, shall be required to deliver such surplus, at reasonable rates for storage or…”
Rural Water, Sewer & Solid Waste Mgmt. Dist. No. 1 v. City of Guthrie, 2014 OK CIV APP 48 (Okla. Civ. App. 2013). “Logan-1 argued Guthrie should be forced to sell its surplus water pursuant to 82 O.S. 2011 §105.21 and alleged Guthrie wrongfully denied Logan-1 access to an essential facility in violation of the Oklahoma Antitrust Reform Act, 79 O.”
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